Sales and delivery terms

General Conditions applying to all offers and deliveries made by LEDON A/S to the DISTRIBUTOR

Version 2014-09-11

These conditions apply to all offers, sales and deliveries from LEDON to the DISTRIBUTOR unless otherwise agreed.

Together with valid distribution agreement and specific order confirmation these conditions form the complete agreement on purchase and supply of LEDON products to the DISTRIBUTOR.

Purchasing

Purchasing LEDON products involves an offer, an order, an order confirmation, delivery and payment.

Offers are valid for 30 days unless otherwise stated on the offer.

Offers, drawings and other material produced by LEDON belongs to LEDON. These materials cannot by copied or distributed to anyone outside the specific delivery from LEDON.

Orders submitted by the DISTRIBUTOR shall always refer to the reference numbers of LEDON for the articles ordered.

For orders with a total net invoice amount less than EUR 100 a handling fee of EUR 50 net will be added.

All orders are confirmed by LEDON in writing.

The DISTRIBUTOR shall verify that the order confirmation is corresponding to his requirements. If this is not the case the DISTRIBUTOR shall immediately – and not later than 5 days after receipt of order confirmation – inform LEDON in writing about the discrepancy.

Orders may only be changed or cancelled when in each case a written acceptance and/or revised order confirmation by LEDON has been given.

For delivery of large shipments the DISTRIBUTOR must be able to receive shipment with a forklift. Failure to do so may result in extra freight costs for reloading and delivery etc.

Delivered goods can only be returned when approved by LEDON.

Terms of payment is specified on order confirmation. Late payments will be added 1 % of invoice amount per month and every reminder result in surcharge of DKK 100.

The goods remain the property of LEDON A/S until paid in full.

Complaints and warranties

Any claims for shortage or defects must be made in writing no later than 8 days upon receipt from LEDON.

Transport damage/claims must be accompanied by transporters remarks (POD) and pictures of damage. If the transport document is signed off without remarks LEDON bears no responsibility for missing boxes etc.

The DISTRIBUTOR must, once aware of a defect, complain immediately to LEDON.

LEDON is not responsible for loss of profit, delays, lost earnings or any other indirect loss as a result of either delayed delivery or failure to deliver.

LEDON warranty period commences from the date of invoice

LEDON offer 20 years warranty on:

Boards of HDPE

Steel posts and top beams

Floor beams and steel frames

Other galvanized bearing parts

Components of stainless steel

LEDON offers 10 years warranty on:

Other galvanized fittings

Metal parts in fitness equipment

Components of spray cast PE and PA6

Cedar wood and Robinia

Larch wood not touching the ground

LEDON offers 5 years warranty on:

Painted metal parts

Springs

Ropes

LEDON offers 2 years warranty on:

Movable plastic and metal parts

Sun shade

LEDON’s warranties cover material faults in the stated length of time for the respective material.

Ordinary wear and tear is not covered by LEDON’s warranties, nor are damages caused by vandalism or misuse.

Changes in the material that only alter the product’s appearance –such as changes in colour and natural shrinkage cracks in wood –are not covered by the warranty. However, we give 5 years guarantee on considerable fading of HDPE.

Products exposed to wet sand and salt conditions are not covered by LEDON’s warranty against corrosion.

In order to make the claim procedure as efficient as possible the DISTRIBUTOR must accompany warranty claims with the following documentation:

Article number

Number of damaged articles

LEDON invoice number

Copy of DISTRIBUTOR invoice to customer

Detailed pictures of damage

Detailed description of damage

If LEDON so wishes all parts that are claimed to be items of liability must be returned to LEDON for inspection.

The warranty is only valid if the product was set up correctly and in accordance with LEDON’s assembly instructions.

LEDON provides no guarantee if the products are installed or repaired by persons who are not authorized by LEDON, or if parts, which are not supplied or approved by LEDON for this purpose, are mounted in the products, or if any modification of construction is made to the products.

Unless otherwise stated, the DISTRIBUTOR undertakes and carries out all replacement and repairs of defective parts. The DISTRIBUTOR carries all costs connected with the dismounting and mounting of parts as well as dispatch and travel expenses.

Should the dismounting or mounting of LEDON products result in unintended work or other operations to other products than that of the consignment, LEDON will not be chargeable for the costs nor will LEDON undertake the work itself.

LEDON’s liability for defects is limited to the fixed price for the defective part of the consignment.

LEDON is not responsible for loss of profits, delays, lost earnings or any other indirect loss.

EN 1176

All LEDON play items are checked and approved according to EN 1176.

All certifications are made by TÜV or corresponding authorities.

Approval of specific projects is the responsibility of the DISTRIBUTOR or end consumer.

LEDON tube slides LEDON tube slide is approved and certified on the basis of common examples up to a max. height of 4.35 m. Due to the open design platform of LEDON tube slides there are options which are not covered by LEDON TÜV certificate. As a general rule it is thus the client’s responsibility to ensure conformity with EN 1176 of the specific LEDON tube slide ordered.

Custom made products Non-standard products and modifications of standard LEDON products by order of a client are not tested and approved according to EN 1176 by LEDON. Thus, it is for the client himself to ensure conformity with EN 1176 of the custom made product.

FSC-certified wood is used whenever indicated.

Product Liability

LEDON’s Product Liability (i.e. statutory claims regarding liability for personal injury or for damages to property arising out of the use of the Agreement Products) towards the DISTRIBUTOR and third parties shall be limited to the extent permitted under applicable laws and shall not include damages to non- consumer property nor compensation for loss of profit, delays, lost earnings, or any other indirect loss.

LEDON reserves the right to change the construction of the products. LEDON will inform the DISTRIBUTOR about considerable changes of the construction. LEDON has no obligation to reconstruct products that have been delivered before such a reconstruction or improvement was made. Information found in brochures and other material is thus subject to alteration and without obligation for LEDON.

If a party receives a Product Liability claim from a third party, such party must immediately inform the other party of such claim. If the LEDON becomes involved in a law suit involving the LEDON’s Product Liability in relation to products supplied by the DISTRIBUTOR (in person or through others), the DISTRIBUTOR is obliged to accept jurisdiction of the court of justice where the claim is to be decided.

Either of the parties are exempt from responsibility under the following circumstances provided they hinder the fulfilment of the agreement or impede fulfilment considerably: Strikes, lockouts, requirements and regulations by public authorities, war, natural disasters, boycotts, quarantine, fire, damage to production apparatus, shipwreck, currency restrictions, riots and disturbances, lack of means of transport, general lack of supplies, restrictions in power supply and events of the same character as well as defective consignments or delayed delivery from sub-LEDON owing to any of the circumstances stated in this paragraph.

All offers, order confirmations, agreements and deliveries from the LEDON are submitted to Danish law and the Danish Sales of Goods Act in every respect. The International Sale of Goods Act, Act No. 733 of 7th December, 1988 shall not apply.

Do you have questions?

If you have any questions about our products, prices, or product range, please do not hesitate to contact us.

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